On August 14, a new citizen initiative was filed with the California Attorney General’s Office. The “Elijah McClain Police Accountability Act” (Initiative) contains a wide variety of proposals ranging from eliminating qualified immunity to restricting the rights of law enforcement unions. Although a number of the proposals are problematic, unconstitutional, and impractical, this blog post focuses specifically on the provisions restricting the First Amendment rights of “police unions.”    

The Initiative inaccurately asserts that “police unions have limited legal rights, and certainly no right to influence politics.” With that assumption, it proposes that:

A police union shall be compelled to dissolve if it uses funds to impact an election or the actions of an elected official by: